Oct 30 - Nov 1
Comp Laude® Awards and Gala
Manchester Grand Hyatt San Diego
Case Law Library
21st Century Insurance Company v. The Superior Court Of San Diego County
In cases like this, where the insured does not dispute that the settlement adequately compensated her damages, a pro rata apportionment requires the insurer to account for its fair share of the attorney fees by reducing the amount of reimbursement to cover some portion of those fees.
WCC 35582009 CA
99 Cents Only Stores v. WCAB
Non-attorney not entitled to full attorney rate for depo fees; analysis same as attorney.
80 Cal.App.4th 644, 65 CCC 456
WCC 25602000 CA
A.M. v. Albertsons, LLC.
Under the FEHA, the failure to accommodate and the failure to engage in the interactive process in determining a reasonable accommodation for a known physical disability are separate claims. Once a reasonable accommodation has been granted, the employer has a duty to provide that accommodation. Failure to do so, even on a single occasion, can support a cause of action for damages sustained by the failure as this is in line with the intent of the FEHA and the public policies behind the provision.
WCC 35722009 CA
Abdelrahim v. Guardsmark LLC
In regards to negligence claims. No civil action will stand where a claimant alleges facts that place the claim squarely within the purview of workers' compensation statutes, and fails to allege facts negating the exclusivity rule.
WCC 35792009 CA
Abraham vs. WCAB (City of Buena Park)
WCAB ruling on PERS disability issue does not alter limitation to bring action within 5 years from date of injury.
113 Cal.App.4th 1082
WCC 29592003 CA
Ackerman v. Poway Unified School District
[Unpublished] The equitable tolling doctrine does not allow Plaintiff to forego a timely filing of a court action or other proceeding to seek formal redress of injury, within the statutory periods set by the Act.
WCC 35752009 CA
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Today's Round Up
NV - WCS Schedules Basic Orientation Training
The Nevada Workers’ Compensation Section is holding basic orientation training sessions on Oct. 25.
The classes cover basic regulatory processes for the state’s workers’ compensation system, including a description of the forms needed when a workplace injury or occupational disease occurs.
Training will be held at the agency’s office, 1301 N. Green Valley Parkway, Suite 200, in Henderson. Training will be available via video conference at the Division of Industrial Relations building, 400 W. King St., in Carson City.
The first class is at 9:30 a.m. and the second is .
CA - DWC Posts Draft Benefit Notice Rules to Forum
The California Division of Workers’ Compensation posted proposed revisions to rules pertaining to notice requirements for denied claims to its online forum for public comment.
Senate Bill 1160 requires the DWC to adopt rules by Jan. 1, 2018, to provide workers with notice that they can access medical treatment outside the work comp system when a claim is denied. The proposed revision will add to benefit notices a statement saying, “Although your claim has been denied, if you believe that you still need medical treatment for your injury or illness, you have the right to obtain trea.
CA - Anne Schmitz Named WCAB Secretary
The Workers’ Compensation Appeals Board named Anne Schmitz as its secretary, effective immediately.
Schmitz, a deputy commissioner, served as acting secretary since Aug. 31. She is taking over the position on a permanent basis to replace Richard Newman, secretary and deputy commissioner, who is retiring.
Schmitz joined the Department of Industrial Relations as an attorney in 2010.
Newman joined the WCAB in 2016 after Rick Dietrich retired. Before taking over as secretary, Newman had served as chief judge of the Division of Workers’ Compensation since September 2011.
OH - Woman Ordered to Pay Restitution for Spending Dead Boyfriend's Benefit Funds
0 min read
The boyfriend died, but the workers’ comp checks kept coming.
Because 58-year-old Suzette Hedrick of Toledo, Ohio, cashed the checks, she has a choice of reimbursing the Bureau of Workers’ Compensation $18,576 or serve 10 months in prison, the BWC said in a press release Friday. A Lucas County judge on Oct. 5 sentenced Hendrik to five years of probation after she pleaded guilty to attempted grand theft, a fifth-degree felony, the bureau said.
Hendrick’s boyfriend, whom the bureau did not identify, was receiving permanent total disability benefits until his death on Oct. 3, .
TX - Imprisoned Doctors' Luxury Cars, Diamond-Covered Rolexes Up for Auction
0 min read
The federal government is auctioning off 21 luxury cars seized from two doctors who are serving long prison sentences for running a pill mill in Mobile, Alabama.
Gold jewelry and a series of Rolex watches covered in diamonds will also be auctioned Saturday at the Hilton Austin Airport, KSAT-TV 12 reports.
The items were seized from John Patrick Couch and Xiulu Ruan, who became rich from selling instant-release fentanyl drugs off-label for neck, back and joint pain. The highly addictive opioid, produced by a company called Subsys, was approved only to trea.
CA - CAAA Takes Swing at Governor Over Veto of Apportionment Bill
CA - Court Affirms Dismissal of Disbarred Work Comp Attorney's Distress Claim
CA - Number of QMEs Falls as Panel Requests Increase
CA - Four Deputies at Las Vegas Shooting File Comp Claims
CA - Limited Injunction to Apply Only to Liens Not Listed on DWC Website
NY - Activists Protest Proposed WCB Changes to Impairment Rating Method
CA - Judge Postpones Sentencing of Drobot Jr. Until February
CA - QME Report Examines Impact of Suspended Providers, Med-Legal Agents
CA - Decision Says Claims Had Preclusive Effect on Discrimination Suit
PA - Republican Senators Seek to Introduce Formulary Bill
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